Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987 CHAPTER 278-H.F.No. 1043 An act relating to metropolitan government; providing for qualifications of commission members, budget criteria, plans, and reports; clarifying purposes of regional transit board; requiring regional transit board to contract for route planning and scheduling services; requiring the regional transit board to adopt standards for competitive bidding after a public hearing; regulating participation in a transportation program; providing conditions for incurrence of debt for certain purposes; providing conditions for the use of federal funds; removing fare restrictions; amending Minnesota Statutes 1986, sections 473.141, subdivision 2, and by adding a subdivision; 473.161, subdivision 1c; 473.1623, subdivisions 2, 4, and 5, and by adding a subdivision; 473.303, by adding a subdivision; 473.373, by adding a subdivision; 473.377, subdivision 1, and by adding subdivisions; 473.38, subdivision 2; 473.388, subdivision 2; 473.39, subdivisions 1 and 1a; 473.446, subdivision 1; and 473.604, subdivision 1, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Laws 1985, First Special Session chapter 10, section 122. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1986, section 473.141, subdivision 2, is amended to read: Subd. 2. [MEMBERSHIP; APPOINTMENTS.] (a) Each agency consists of eight members, plus a chair appointed as provided in subdivision 3. The metropolitan council shall appoint the eight members on a nonpartisan basis after consultation with the members of the legislature from the district for which the member is to be appointed. The consultation with legislators in the affected district must include informing each legislator of the name, address, and background of each candidate for appointment and soliciting and reporting to the appointments committee the recommendation of each legislator on the appointment. (b) In addition to the notice required in section 15.0597, subdivision 4, notice of vacancies and expiration of terms must be published in newspapers of general circulation in the metropolitan area and the appropriate districts. The council shall notify in writing the governing bodies of the statutory and home rule charter cities, counties, and towns having territory in the district for which the member is to be appointed. The notices must describe the appointment process and invite participation and recommendations on the appointment. (c) The council shall establish an appointments committee, composed of members of the council, to screen and review candidates. Following the submission of member applications to the metropolitan council as provided under section 15.0597, subdivision 5, the appointments committee shall conduct public meetings, following appropriate notice, to accept statements from or on behalf of persons who have applied or been nominated for appointment and to allow consultation with and secure the advice of the public and local elected officials. The committee shall hold the meeting on each appointment in the district or in a reasonably convenient and accessible location in the part of the metropolitan area in which the district is located. The committee may consolidate meetings. Following the meetings, the committee shall submit to the council a written report that lists the persons who have applied or been nominated or recommended for the position, along with a description of the background and qualifications of each. In making its recommendation, the committee specifically shall consider evidence of the candidate's commitment to regularly communicate on issues before the agency with metropolitan council members, legislators and local elected officials in the district, and the committee shall report its findings on this subject in its written report to the council. (d) One member shall be appointed from each of the following agency districts: (1) district A, consisting of council districts 1 and 2; (2) district B, consisting of council districts 3 and 7; (3) district C, consisting of council districts 4 and 5; (4) district D, consisting of council districts 6 and 10; (5) district E, consisting of council districts 8 and 9; (6) district F, consisting of council districts 11 and 12; (7) district G, consisting of council districts 13 and 14; and (8) district H, consisting of council districts 15 and 16. Sec. 2. Minnesota Statutes 1986, section 473.141, is amended by adding a subdivision to read: Subd. 3a. [MEMBERS; DUTIES.] Each member shall communicate regularly with metropolitan council members, legislators, and local government officials in the district the member represents. Sec. 3. Minnesota Statutes 1986, section 473.161, subdivision 1c, is amended to read: Subd. 1c. [SERVICES AND SYSTEMS MANAGEMENT.] The plan must include a services and systems management component that describes the levels and costs of services that will be provided to service areas and populations within the metropolitan area. The component must describe: (1) service needs, objectives, and priorities; (2) changes in existing services; (3) deployment of new services; (4) distribution and coordination of services; (5) timing, priority, and location, with maps, of service areas, routes, levels of service, and similar matters, as appropriate to the type of service; (6) delivery methods and providers;(6)(7) system management and administration;(7)(8) costs;(8)(9) manner of finance and revenue sources, including federal and state funds, private funds, taxes, and user charges; and(9)(10) fiscal effects. Sec. 4. Minnesota Statutes 1986, section 473.1623, subdivision 2, is amended to read: Subd. 2. [FINANCIAL REPORTING AND MANAGEMENT ADVISORY COMMITTEE.] A financial reporting and management advisory committee is created, consisting of the chairs of the council and the following metropolitan agencies: the waste control commission, transit board, transit commission, metropolitan airports commission, and sports facilities commission. The committee is established to assist and advise the council and other governing boards in meeting the requirements of this section. Staff and administrative services for the committee must be provided by the council and the member agencies. Other agencies shall make financial information available upon request. Sec. 5. Minnesota Statutes 1986, section 473.1623, subdivision 4, is amended to read: Subd. 4. [FINANCIAL REPORTING; BUDGETING.] (a) The advisory committee, with the assistance of the state auditor and the legislative auditor, shall develop uniform or consistent standards, formats, and procedures for the budgets and financial reports of the council and all metropolitan agencies. The council shall report to the legislature from time to time on progress made by the committee in improving the uniformity and quality of budgets and financial reports and on legislation that may be needed for this purpose. (b) The council and each metropolitan agency shall prepare a summary budget for agency fiscal year 1988 and each year thereafter. The advisory committee, with the assistance of the state auditor and the legislative auditor, shall develop guidelines and models for the summary budgets. The purpose of the summary budget is to increase public knowledge and agency accountability by providing citizens outside of the agency with a condensed, accessible, and graphic description of the financial affairs of the agency. The document should contain a coherent, effectively communicated, understandable statement of: financial trends and forecasts; budget policies and policy changes; agency financial assumptions, objectives and plans; revenue sources and expenditures by program category; personnel policies, decisions, and allocation; budgetary performance measures; and similar matters serving the purpose of the document. Sec. 6. Minnesota Statutes 1986, section 473.1623, subdivision 5, is amended to read: Subd. 5. [ADMINISTRATIVE COORDINATION.] The advisory committee shall evaluate the benefits, costs, methods, and effects, including operational effects, of joint or uniform and coordinated exercise of powers by the council and metropolitan agencies for appropriate administrative functions. The study must include at least ongoing managerial reporting, contracts, purchasing, data processing, and personnel. The council shall report to the legislature from time to time on the findings and recommendations of the advisory committee to dateby January 1,1987,and on legal and other impediments to increased coordination of administrative functions. Before submitting the report, the council shall request comments on the report from the affected metropolitan agencies, and the comments must be submitted along with the report. Sec. 7. Minnesota Statutes 1986, section 473.1623, is amended by adding a subdivision to read: Subd. 6. [PERSONNEL AND ETHICAL PRACTICES; COMMUNICATION.] By January 1, of each year, the council and each agency represented on the advisory committee established under this section shall report to the legislature on the following: (1) agency personnel practices, including an analysis of trends, compliance with legal requirements, health care and other benefits, and salary levels in comparison with relevant job markets; and (2) ethical practices requirements for board members and employees of each agency, including the sources of the requirements, agency comparisons, and comparison with requirements for state and local government officers and employees; and (3) the activities undertaken by each agency board member and council member to regularly meet with and communicate with local officials and legislators in the member's district about issues before the agency or council. Sec. 8. [473.166] [METROPOLITAN TRANSIT PLANNING PROCESS.] By January 15, 1988, the council shall report to the legislature a recommended process for coordinating the planning and development of transit by regional railroad authorities. Sec. 9. [473.247] [METROPOLITAN AGENCIES; PUBLIC INFORMATION.] The council shall publish a consolidated metropolitan bulletin or register containing official notices, meeting and hearing schedules, notices of adopted ordinances, rules, policies, and similar matters for the council and all metropolitan agencies. Metropolitan agencies shall cooperate with the council in providing timely information for publication. Sec. 10. Minnesota Statutes 1986, section 473.303, is amended by adding a subdivision to read: Subd. 3a. [MEMBERS; DUTIES.] Members have the duties imposed by section 2. Sec. 11. Minnesota Statutes 1986, section 473.373, is amended by adding a subdivision to read: Subd. 1a. [PURPOSE.] (a) The purposes of the board are: (1) to foster effective delivery of existing transit services and encourage innovation in transit service; (2) to prepare implementation and financial plans for the metropolitan transit system; (3) to set policies and standards for implementing the transit policies and programs of the state and the transit policies of the metropolitan council in the metropolitan area; (4) to conduct transit research and evaluation; and (5) to administer state and metropolitan transit subsidies. (b) The board shall arrange with others for the delivery and provision of transit services and facilities. The board shall avoid, to the greatest extent possible, direct operational planning, administration, and management of specific transit services and facilities. Sec. 12. Minnesota Statutes 1986, section 473.377, subdivision 1, is amended to read: Subdivision 1. [REQUIREMENT.] The transit board shall prepare, submit to the council, and adopt an implementation plan as provided in section 473.161. The services and systems management component of the board's plan must include a description of the special transportation service provided under section 473.386. The board shall prepare an implementation plan meeting the requirements of this section and submit the plan to the council by August 1, 1986, and thereafter at a time prescribed by the council. Sec. 13. Minnesota Statutes 1986, section 473.377, is amended by adding a subdivision to read: Subd. 4. [FARE POLICY.] The plan must contain a statement of the policies that will govern the imposition of user charges for various types of transit service and the policies that will govern decisions by the board to change fare policy. Sec. 14. Minnesota Statutes 1986, section 473.377, is amended by adding a subdivision to read: Subd. 5. [LOCAL REVIEW AND COMMENT.] At least 30 days before holding the hearing required on the implementation plan or revision, the board shall submit copies of the plan or a summary of the plan to the chief administrative officer of each statutory and home rule charter city, town, and county in the metropolitan area, along with notice of the hearing and an invitation to testify and submit comments. Sec. 15. Minnesota Statutes 1986, section 473.38, subdivision 2, is amended to read: Subd. 2. [FINANCIAL PLAN; COUNCIL APPROVAL.] Along with its annual budget, each even-numbered year the board shall prepare a financial plan for the succeeding three calendar years, in half-year segments. The financial plan must be consistent with the board's implementation plan and must contain the elements specified in section 473.1623, subdivision 3. The financial plan must contain schedules of user charges and any changes in user charges planned or anticipated by the board during the period of the plan. The financial plan must contain a proposed request for state financial assistance for the succeeding biennium. The board shall submit the financial plan to the council for review and approval or disapproval. The council may approve or disapprove in whole or in part. The council may disapprove only for inconsistency with the policy plan of the council. Sec. 16. Minnesota Statutes 1986, section 473.388, subdivision 2, is amended to read: Subd. 2. [REPLACEMENT SERVICE; ELIGIBILITY.] The transit board may provide assistance under the program to a statutory or home rule charter city or town or combination thereof, that: (a) is located in the metropolitan transit taxing district; (b) is not served by the transit commission or is served only with transit commission bus routes which begin or end within the applying city or town or combination thereof; and (c) has fewer than four scheduled runs of metropolitan transit commission bus service during off-peak hours defined in section 473.408, subdivision 1. Eligible cities or towns or combinations thereof may apply on behalf of a transit operator with whom they propose to contract for service. The board may not provide assistance under this section to a statutory or home rule charter city or town unless the city or town, (i) was receiving assistance under Minnesota Statutes 1982, section 174.265orby July 1, 1984, (ii) had submitted an application for assistance under that section by July 1, 1984, or (iii) had submitted a letter of intent to apply for assistance under that section by July 1, 1984, and submits an application for assistance under this section by July 1, 1988. A statutory or home rule charter city or town has an additional twelve month extension if it has notified the board before July 1, 1988, that the city or town is in the process of completing a transportation evaluation study that includes an assessment of the local transit needs of the city or town. Sec. 17. Minnesota Statutes 1986, section 473.39, subdivision 1, is amended to read: Subdivision 1. [GENERAL AUTHORITY.] The council, if requested by vote of at least two-thirds of all of the members of the transit board, may issue general obligation bonds subject to the volume limitation in subdivision 1a to provide funds to the board for expenditure to implement the board's approved implementation plan and may issue general obligation bonds not subject to the volume limitation set forth in subdivision 1a for the refunding of outstanding bonds,or certificates of indebtedness of the council, the board or the commission, and judgments against the board or the commission. The council may not unreasonably withhold the issuance of obligations for an implementation plan that has been approved by the council. The council may not issue obligations pursuant to this subdivision, other than refunding bonds, in excess of the amount specifically authorized by law. Except as otherwise provided in sections 473.371 to 473.449, the council shall provide for the issuance, sale, and security of the bonds in the manner provided in chapter 475, and has the same powers and duties as a municipality issuing bonds under that law, except that no election is required and the net debt limitations in chapter 475 do not apply to the bonds. The obligations are not a debt of the state or any municipality or political subdivision within the meaning of any debt limitation or requirement pertaining to those entities. Neither the state, nor any municipality or political subdivision except the council and board, nor any member or officer or employee of the board or council, is liable on the obligations. The obligations may be secured by taxes levied without limitation of rate or amount upon all taxable property in the transit taxing district and transit area as provided in section 473.446, subdivision 1, clause (c). The council shall certify to the transit board before October 1 of each year the amounts necessary to provide full and timely payment of the obligations. As part of its levy made under section 473.446, subdivision 1, clause (c), the board shall levy the amounts certified by the council and transfer the proceeds to the council for payment of the obligations. The taxes must be levied, certified, and collected in accordance with the terms and conditions of the indebtedness. Sec. 18. Minnesota Statutes 1986, section 473.39, subdivision 1a, is amended to read: Subd. 1a. [AMOUNT; I-394 FACILITIESOBLIGATIONS.] (a) The council may issue certificates of indebtedness, bonds, or other obligations under this section in an amount not exceeding$8,500,000$17,000,000 forexpenditurefinancial assistance to the commission, as prescribed in the implementation plan of the board and the capital program of the commission.Of this(b) The council may issue certificates of indebtedness, bonds, or other obligations under this section in an amount, nomore thannot exceeding $1,500,000may be spentfor land acquisition and capital improvements for park and ride lots and transit transfer stations planned for the interstate highway described in section 161.123, clause (2), commonly known as I-394. These facilities may be constructed and maintained by the metropolitan transit commission. The board shall require, as a condition of financial assistance to the commission, that the commission make facilities it constructs, acquires, or improves for I-394 with funds provided under this provision available to all transit providers on a nondiscriminatory basis, as the board defines these terms. The limitation contained in this subdivision does not apply to refunding bonds issued by the council. Sec. 19. Minnesota Statutes 1986, section 473.446, subdivision 1, is amended to read: Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.] For the purposes of sections 473.401 to 473.451 and the metropolitan transit system, except as otherwise provided in this subdivision the regional transit board shall levy each year upon all taxable property within the metropolitan transit taxing district, defined in subdivision 2, a transit tax consisting of: (a) an amount up to two mills times the assessed value of all such property, based upon the level of transit service provided for the property, the proceeds of which shall be used for payment of the expenses of operating transit and paratransit service and to provide for payment of obligations issued by the commission under section 473.436, subdivision 6; (b) an additional amount, if any, as the board determines to be necessary to provide for the full and timely payment of its certificates of indebtedness and other obligations outstanding on July 1, 1985, to which property taxes under this section have been pledged; and (c) an additional amount necessary to provide full and timely payment of certificates of indebtedness, bonds, including refunding bonds or other obligations issued or to be issued under section 473.39 by the council for purposes of acquisition and betterment of property and other improvements of a capital nature and to which the council or board has specifically pledged tax levies under this clause. The county auditor shall reduce the tax levied pursuant to this subdivision on all property within statutory and home rule charter cities and towns that receive full peak service and limited off-peak service by an amount equal to the tax levy that would be produced by applying a rate of 0.5 mills on the property. The county auditor shall reduce the tax levied pursuant to this subdivision on all property within statutory and home rule charter cities and towns that receive limited peak service by an amount equal to the tax levy that would be produced by applying a rate of 0.75 mills on the property. The amounts so computed by the county auditor shall be submitted to the commissioner of revenue as part of the abstracts of tax lists required to be filed with the commissioner under section 275.29. Any prior year adjustments shall also be certified in the abstracts of tax lists. The commissioner shall review the certifications to determine their accuracy and may make changes in the certification as necessary or return a certification to the county auditor for corrections. The commissioner shall pay to the regional transit board the amounts certified by the county auditors on the dates provided in section 273.13, subdivision 15a, clause (3). There is annually appropriated from the general fund in the state treasury to the department of revenue the amounts necessary to make these payments in fiscal year 1987 and thereafter. For the purposes of this subdivision, "full peak and limited off-peak service" means peak period regular route service, plus weekday midday regular route service at intervals longer than 60 minutes on the route with the greatest frequency; and "limited peak period service" means peak period regular route service only. Sec. 20. Minnesota Statutes 1986, section 473.604, subdivision 1, is amended to read: Subdivision 1. The following persons and their respective successors shall constitute the members and governing body of the corporation, namely: (1) All of the members and commissioners in office January 1, 1973, for the remainder of the terms for which they were appointed or otherwise selected, respectively; (2) The mayor of each of the cities, or a qualified voter appointed by the mayor, for the term of office as mayor; (3) A member of the council of each of the cities, appointed by the council for a term of four years commencing in July, 1977; (4) A member of the park board of Minneapolis appointed by that board and a second member of the council of St. Paul, appointed by it, each for a term of two years commencing in July, 1979; (5) One additional resident of each city, who does not hold any office under the state or any of its political subdivisions except that of notary public, herein termed a "citizen commissioner," such member in St. Paul to be appointed by the mayor, with the approval of the council, and in Minneapolis by the council, with the approval of the mayor; each for a term of two years commencing in July, 1979; (6) Six additional members, each appointed by the governor on a nonpartisan basis, and each holding no other office under the state or any of its political subdivisions except that of notary public; for terms and with residence qualifications as follows: (a) (1) A resident of the area of the counties of Washington and Ramsey, outside of St. Paul, for a four-year term commencing in July, 1974, and a successor for a term ending July 1, 1981; (2) A resident of the county of Anoka, for a four-year term commencing in July, 1974, and a successor for a term ending July 1, 1981; (3) Three residents of the area of the counties of Carver, Scott and Hennepin, outside Minneapolis, for a two-year term commencing in July, 1974, and their successors for a term ending July 1, 1981; (4) A resident of the county of Dakota, for a four-year term commencing in July, 1974, and a successor for a term ending July 1, 1981; (b) As successors to all members referred to in paragraphs (2) to (6)(a), whose terms will expire in July, 1981, a number of members appointed from precincts equal or nearest to but not exceeding half the number of districts which are provided by law for the selection of members of the metropolitan council in section 473.123. Each member shall be a resident of the precinct represented. The members shall be appointed by the governor as follows: a number as near as possible to one-fourth, for a term of one year; a similar number for a term of two years; a similar number for a term of three years; and a similar number for a term of four years, all of which terms shall commence on July 1, 1981. The successors of each member shall be appointed for four-year terms commencing in July of each fourth year after the expiration of the original term. Before making an appointment, the governor shall consult with each member of the legislature from the precinct for which the member is to be appointed, to solicit the legislator's recommendation on the appointment; (7) One member appointed by the governor of the state, who shall be chair of the corporation, appointed for a term coterminous with that of the governor. Sec. 21. Minnesota Statutes 1986, section 473.604, is amended by adding a subdivision to read: Subd. 7. [MEMBERS; DUTIES.] Members appointed under subdivision 1 have the duties imposed by section 2. Sec. 22. [473.391] [ROUTE PLANNING AND SCHEDULING.] The regional transit board shall contract with the metropolitan transit commission or other operators or local governments for route planning and scheduling services in any configuration of new or reconfiguration of existing transit services and routes, including route planning and scheduling necessary for the test marketing program, the service bidding program, and the interstate highway described in section 161.123, clause (2), commonly known as I-394. Route planning and scheduling is subject to approval by the board for conformity to the board's transit implementation plans and route, schedule, and other service standards, objectives, and policies established by the board. Sec. 23. [473.392] [SERVICE BIDDING.] The regional transit board may competitively bid transit service only in accordance with standards, procedures, and guidelines adopted by resolution of the board. The board shall establish a project management team to assist and advise the board in developing and implementing standards, procedures, and guidelines. The project management team must include representatives of the metropolitan transit commission, the Amalgamated Transit Union Local 1005, private operators, local governments, and other persons interested in the subject. At least 60 days before adopting any standards, procedures, or guidelines for competitive bidding of transit service, the board shall hold a public hearing on the subject. The board shall publish notice of the hearing in newspapers of general circulation in the metropolitan area not less than 15 days before the hearing. At the hearing all interested persons must be afforded an opportunity to present their views orally and in writing. Following the hearing, and after considering the testimony, the board shall revise and adopt the standards, procedures, and guidelines. Sec. 24. [473.393] [FEDERAL GRANTS.] The regional transit board may not be a recipient of federal capital or operating assistance for transit. The board shall study and report to the legislature by January 1, 1988, on the effects, advantages, and disadvantages of transferring the authority to receive these funds from the commission to the board and on how and for what purpose the board would use the funds differently than the commission could use the funds. Sec. 25. [RATIFICATION.] Minnesota Statutes, section 473.39, subdivision 1, as amended by section 17, clarifies legislative intent. Obligations issued prior to the effective date of section 17 are not invalid or unenforceable if issued in accordance with Minnesota Statutes, section 473.39, subdivision 1, as amended by section 17. Sec. 26. [FARE RESTRICTION REPEALED.] The provisions respecting fares of the metropolitan transit commission in Laws 1981, chapter 363, section 55, subdivision 1; Laws 1981, Third Special Session chapter 2, article 1, section 2, subdivision 2; and Laws 1983, chapter 293, section 2, subdivision 5, are repealed. Laws 1985, First Special Session chapter 10, section 122, is repealed. Sec. 27. [APPLICATION.] Sections 1 to 28 are effective in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Sec. 28. [EFFECTIVE DATE.] This act is effective the day following final enactment. Approved May 28, 1987
Official Publication of the State of Minnesota
Revisor of Statutes